Court rejects Diego Alcalde's appeal in 1997 murder of Susannah Chase

The Colorado Court of Appeals has denied an appeal by Diego Alcalde to overturn his conviction in the 1997 rape and murder of 23-year-old University of Colorado student Susannah Chase.

Alcalde was found guilty by a Boulder County jury in 2009 of first-degree murder, first-degree sexual assault and second-degree kidnapping. But Alcalde -- who is currently serving a lifetime prison sentence without the possibility of parole -- alleged in the appeal that his Miranda rights were violated and that statements made during the trial by prosecutors and the judge should have resulted in a mistrial.

The appeal also argued the judge was wrong in admitting statements Alcalde made shortly after being taken into custody by Boulder police while not admitting testimony Alcalde's attorneys said would help show Alcalde had consensual sex with the victim.

Susannah Chase

But the appeals court found all of the claims were unsubstantiated and upheld Alcalde's conviction Thursday.

"The appellate court's decision affirms the great work of the Boulder Police Department in this case," said Boulder County Assistant District Attorney Ryan Brackley, who prosecuted the case in 2009. "Since the conviction of Diego Alcalde, we've used the lessons learned in the investigation and prosecution of Alcalde to teach police investigators and prosecutors across the state about cold case investigation and prosecution."

In December 1997, Chase was found raped and badly beaten in an alley near her home in Boulder. She died later that day from her injuries. Her murder went unsolved for 12 years until DNA from semen found on her body matched a sample from Alcalde that had been entered into a national database.

"The most important lesson is that Susannah Chase will be remembered by Boulder County law enforcement as a beautiful and bright member of the community, a daughter, a sister and a friend," Brackley said. "And that Diego Alcalde will be forgotten."

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